Briefing by SAPS & Voting on National Prosecuting Authority Bill, Judicial Matters Amendment Bill & Promotion of National Unity

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SELECT COMMITTEE ON SECURITY AND JUSTICE

SELECT COMMITTEE ON SECURITY AND JUSTICE
10 June 1998
BRIEFING BY SAPS AND VOTING ON NATIONAL PROSECUTING AUTHORITY BILL, JUDICIAL MATTERS AMENDMENT BILL AND PROMOTION OF NATIONAL UNITY AND RECONCILIATION BILL


Documents handed out:

Multi-Lateral Agreement in Respect of Co-operation and Mutual Assistance in the Field of Crime Combating
National Prosecuting Authority Bill [B113-97]
Judicial Matter Amendment Bill [B95-97]
Promotion of National Unity and Reconciliation Amendment Bill [B48-98]

SUMMARY
The committee was given a briefing by chief personnel, Advocate Slabbert (Legal Advisor) and Mr Bruce, of SAPS regarding an agreement, the Multi-Lateral Agreement in Respect of Co-operation and Mutual Assistance in the Field of Crime Combating, which would the formation of Southern African regional organisation aimed at combating crimes such as drug trafficking.

Voting took place on the National Prosecuting Authority Bill, Judicial Matters Amendment Bill and the Promotion of National Unity and Reconciliation Amendment Bill. All three bills were agreed to.

MINUTES
Advocate Slabbert spoke of an organisation, composed of Southern African Chiefs of Police, called the Southern African Regional Police Chiefs Co-operation Organization (SARPCCO). This organisation facilitates co-operation between neighbouring countries in areas of crime-fighting. He said that there is an agreement between the countries, which entitled police officers of one country to cross the border of a neighbouring country for purposes of crime investigation. Such entry would be subject to domestic laws of that neighbouring country.

Mr Bruce, who is a member of INTERPOL, continued with the briefing by explaining how INTERPOL functions. He said that it facilitated co-operation between countries around the world. Hence there was no need for INTERPOL officers to do international investigations, rather national police would do the investigations.

Mr Radue (NP) wanted to know whether investigations covered "hot-pursuit" situations. Mr Slabbert replied that it does and follow-up situations.

Mr Selfe (DP) asked what had been the legal effect of the above-mentioned organisation. Did the police have the capacity to affect the contents of the agreement and what changes would the agreement bring. Mr Bruce replied that a legal sub-committee had been formed and, as a result of the work of this committee, this document, the Multi-Lateral Agreement in Respect of Co-operation and Mutual Assistance in the Field of Crime Combating, had been drawn up. Regarding capacity, Mr Bruce stressed that the police were working under financial constraints. The situation was aggravated by countries which lacked funds. On the question of change, Mr Bruce said that the police were entirely dependent on the co-operation of a country they work with.

Mr Surty (ANC) proposed to SAPS to look into legislation and introduce a database to assist with their investigations. Ways had to be thought of to remove the legal impediments, which may inhibit them from working across country borders. He went on to say that it was necessary to look at Europe as a role model as our legislation was on the same level as theirs, in terms of standard and sophistication.

The Chairperson, Mr Moosa, asked whether the countries were going to ratify the agreement, as other countries have not signed the agreement yet. Mr Bruce responded that SARPCCO was working towards ratification before their next AGM in July.

The meeting then moved to voting on the three bills mentioned above. At this point Mr De Ville (FF) had to leave, but informed the committee that his party voted against all three Bills. Mr Pienaar (IFP) also had to leave and informed the committee that his party voted against the Promotion of National Unity and Reconciliation Amendment Bill and the National Prosecuting Authority Bill but they supported the third bill.

Voting commenced and the results were as follows:
National Prosecuting Authority Bill

ANC: 7, for
IFP: 1, against
DP: 1, against
NP: 1, against
FF: 1, against

National Promotion of Unity and Reconciliation Amendment Bill
ANC: 6, for
IFP: 1, against
DP: 1, for
NP: 1, against
FF: 1, against

Judicial Matters Amendment Bill
ANC: 7, for
IFP: 1, for
DP: 1, against
NP: 1, for
FF: 1, against

The Chairperson informed the committee that there would be a debate in the plenary session on the National Prosecuting Authority Bill tomorrow. He asked members to inform him if they were going to participate in the debate and how much time they required.

The meeting was adjourned.

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